St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-12-27
IT BODS UP AGAIN.
Saltwater Has Another Taste OF the
Familiar Car Company Case.
RUT 1T WILL NOW REP0SE.
The Motion to Set Aside the Order Con-
iiIming the Sale Set Aside---Death
Of Samuel Staples.


for & l.. Harding, the Boston National
bank, the German-American Bank of
Peoria, ILL.,, Preston & Knott. of Mime
apOlis, and the Merchants National
Bank of Norwich. Conn.,, creditors of
the Northwestern Manufacturing and
Car company, to set aside the order of
confirmation of sale of the plant and as
sets of that institution to the Minnesota
Thresher comp ny was heard ty Judge
McCluer at the court house at 10 a. m.
yesterday. There were present IL.
g. Stone, attorney for the parties
above named, J. \. Castle, attorney for
the receiver of the car company: George
d. SQuireS. of Flandrau. SQuires d
Cutcheon, of St. Paul. for the Thresher
company, and Fayette Marsh for ID. NJ.
Sabin.
The affidavit of II. G. Stone, upon
which the motion was made, sets forth
the objections of the petitioners to the
sale and its confirmation. He claims
that the proper legal notice to the parties
named (WhO were a portion of the cred
itOrS of the car company or their attOr-
news was not given; that the order of
the court permits the Thresher company
10 use uncOntested claims against the
receiver as part Of the purchase
Money: that the sale was made Ell masSe
and not separately or in parcels; that
part that was sold should not have been,
and that the receiver should have col
lected the bills receivable himself: that
the sale should not have been made at
the time it was: that the notice of sale
given by the referee was improper and
insufficient; that the purchasers, being
creditors. were not the proper persons
to become such purchasers; that an
sadla 70 Ar-ia M Tnh . nt
part of the property sold was not neceS
Sary to manufacturing purposes; that
more was sold than was necessary to
cover the judgments, and that parties
WERE PREVENTED FROM BIDDING
on a part of the assets because the sale
was made ell maSSe. The argument of
Mr.. Stone was a reiteratiOn of the OBJ
jectlOnS urged at the time of the order
for sale, except regarding the notice
and the competency of the ThreSher
company as purchasers.
Mr.. Squires followed for the Thresher
company, and Mr.. Marsh also made q
brief argument.
The court, in making its decision, re-
marked that all of the objections of the
petitioners. except the one regarding
the right of the purchasers to buy, had
been gone over thoroughly before by
counsel and had received careful atten-
ton by the court. The matter stood in
this way: When the court first came
into possession of the property and
effects of the Car company, three and a
halfoyears ago. on application of the
creditors, by their unanimous advice
and request, as absolutely essential to
the preservation of their rights and the
maintenance of the value of
their property, the court consented
to operate the works and had done
SO until the time came when either by
direct application or tacit agreement
they had united in asking that the prop
erty besold. al had agreed to this, the
only difference being as to when, how
and by = hon the sale should be made.
All the questions involved in these diff
ferences. which were plainly business
questions viewed in different manner
by business men, the court had been
compelled TO de ide. All the creditors
had been repreS nted and all had been
notified of the order of the court in the
matter. The sale had been made in ac-
-SGrdance with that order and the
TIME FOR OBJECTION HAD PASSED.
The only new question raised was not
proper for the petitioners to raise, as
they were not stockholders of the
Thresher company. If that corporation
fulfilled the terms of the order for sale
and paid til purchase price they (StOne
ct Il y could not raise any question as to
the purchasers competency.
The motion was therefore denied.
Stone left the city at the close of the
hearing.
Mr.. J. C. O'Gorman was seen after
adjournment and expressed himself as
not surprised al the action of the court.
"The fact is said he, ''StOne. who was
formerly chief clerk to the receiver,
was discharged some months since, at
the request of prominent creditors, be-
cause they found he was using his tai
entS and opportunities more in the di-
rectiOn of working out scheme to aid
a certain clique to gain possession of
the property than he was in serving the
interests of all He had at once gone to
work for them on the outside and had
spent his time in trying to throw Obsta-
cleS in the way of a satisfactory adjust
ment of its AFFAIRS He had been in the
case for months. and by falsehOOd and
misrepresentation had tried to accom-
pliSh his ends. His failure had
been natural and signal, and this
was his last deSpairing kick. The
opposition among the creditors to the
present proposed settlement had con-
tinually dwindIed under his tactics until
but $685. Of the credits, held by five
parties, remained, and even one of
these, since the beginning of his last
move, had deserted him. He had no
fears for the result of tO-day's hearing
before Judge Nelson, as it was not prob
able that So small a minority could or
would be sustained by him in their at
tempt 10 still further embarraSs and
ruin great institution.
NOTES ABOUT TOWN.
Samuel Staples, a brother of Isaac
Staples and resident here since lS49,
died at . p. III. yesterday, at the resi-
dence of his son. Josiah Staples, 402
North Fourth street, aged eighty-two
years. Formerly, like his brother, Mr..
Staples was engaged in numbering, but
of late years has owned and operated a
farm near Carnelian lake. He has been
in falling health for several weeks, and
al his advanced age could not rally. He
leaves four children, all grown, two of
whom are sons. Josiah and Winslow,
and two daughters, Mrs. E. A. Folsom
being one and Mrs. G. NJ. Stickney the
other. The deceased was Mason, and
the fraternity will take charge of the
funeral exercises, which transpire at 2
p. m. tomorrow.
L HG IuDIltt lflSttllsttlnD VI Ol1lccIS-
elect of St. Johns Lodge, No. /, A. F.
and 4. NJ. which was to have occurred
this evening, has been postponed until
Thursday evening, Dee. 90, on account
Of the death of Samuel Staples, MEM
her Of the lodge, whose funeral occurs
"Wednesday. A specialmeeting to make
arrangements for the funeral, which
will be conducted by the order, was held
last evening.
The children of the First Presbyterian
Sabbath school will have musical and
literary entertainment at their church
this evening, followed by Christmas
tree and distribution of presents.
The Saltwater package of GLOBES"
went astray yesterday, aud the entire
day was spent in 2 fruitless attempt to
find 10.
The banks and the larger part of the
a. IL. Il